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Termination by company due to absence in case of medical illness
16-Dec-2023 (In Labour & Service Law)
Working in an MNC. Nature of work: Supervisory and administrative ; Sal : above 10000/month. Company wants to terminate saying : performance is poor and even after giving chance to improve performance (Performance Improvement Plan) under their system, performance not improved. The nature of duty performed by me is that of supervisory and administrative nature. The nature of duty performed by me is that of supervisory and administrative nature. But I have even worked like a workman/operater for sometime (about 20 days) in the Company? Will I be considered a workman in legal terms? Can the Company terminate me without any charge sheet, inquiry etc.? I am currently on 5 day rest due to chest pain advised by doctor. Can the Company terminate me while I am not going to Company, telling the management that I want rest?
Yes as per the wider scope of workmen laid down by supreme Court in Banglore Water Severage case, all those other than in managerial and in management quota can be considered in workmen. the scope of workmen is widened. As far as under Performance is considered for that warning memo and inquiry needs to be conducted.
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Adv. Mrunal Bharat Pandya
Nashik | 25+ Answers
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